Surya Prakash @ Santosh Kumar Gupta @ Bholu Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58631 of 2019 Arising Out of PS. Case No.-622 Year-2018 Thana- NAUBATPUR District- Patna ====================================================== Surya Prakash @ Santosh Kumar Gupta @ Bholu Saw Son of Om Prakash Gupta Resident of Village - Khajuri, P.S.- Naubatpur, District- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Ashraf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 498A, 304B of the Indian Penal Code. Allegation against the petitioner is of committing torture and caused death of the victim due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 22-07-2019. Charge sheet has already been submitted. The petitioner has been falsely implicated in the present case. There is no eye witness to the alleged occurrence. It is a case of suicidal death, On the alleged

Patna High Court CR. MISC. No.58631 of 2019(3) dt.27-11-2019 2/2 date of occurrence, the petitioner was not present at the place of occurrence.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. He is husband of the deceased. The onus is upon the petitioner to explain the cause of death of his wife. As per postmortem report, the deceased died due to asphyxia caused by strangulation.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Sessions Trial No. 810 of 2019 arising out of Naubatpur P.S. Case No. 622 of 2018 is rejected.

Learned trial court is directed to expedite the trial of the petitioner.

(Sudhir Singh, J) A.K.V.//- U T